Category: Landlord and Tenant

Conway and Others v Jam Factory Freehold Ltd: UTLC 10 Dec 2013

UTLC LANDLORD AND TENANT – service charges – whether landlord’s costs of leaseholders’ unsuccessful application to appoint manager recoverable as service charge – section 24, Landlord and Tenant Act 1987 – whether costs of leaseholders’ application to determine service charges recoverable as service charge – section 20C, Landlord and Tenant Act 1985 – whether LVT exercised discretion on incorrect basis – scope of section 20C determination – appeal dismissed – cross appeal allowed

Citations:

[2013] UKUT 592 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.535669

Seacon Residents Company Ltd v Oshodin: UTLC 22 Feb 2012

UTLC LANDLORD AND TENANT – service charges – liability – management company owned by lessees – insurance – water damage caused by lessees of flats – cost of repairs falling within excess included in service charges – whether lessee entitled to set off against service charge amounts attributable to other lessees’ breach of covenant – held he could not – interest on unpaid service charges and legal costs – whether lessee liable for share of these – held that he was – appeal allowed.

Citations:

[2012] UKUT 54 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.472926

Cravecrest Ltd v Duke of Westminster and Others: UTLC 28 Jun 2012

LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – whether owner of an intermediate leasehold could withdraw an agreement that the interest was to be acquired by the nominee purchaser – assessment of price – existence of substantial value in ability to develop building back to a single house – whether the assumptions required under Leasehold Reform, Housing and Urban Development Act 1993 schedule 6 para 3 prevented the owners of either of the intermediate leasehold interests from enjoying any of the development value – consideration of Earl Cadogan v Sportelli [2010] 1 AC 226 – assessment of the value of the potential development – appeal allowed in part – price determined at pounds 6,856,500

Citations:

[2012] UKUT 68 (AAC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.462564

Re Coolrace Ltd and Others: UTLC 29 Feb 2012

UTLC LEASEHOLD ENFRANCHISEMENT – applications for lease extensions under section 48, Leasehold Reform, Housing and Urban Development Act 1993 – relativities – weight to be given to previous LVT decisions – reliance upon graphs of relativity – appeal allowed

Citations:

[2012] UKUT 69 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.452853

Alleyn Court RTM Co Ltd v AbouHamden: UTLC 7 Mar 2012

UTLC LANDLORD AND TENANT- right to manage – construction of terms of legal charge – right to serve counter-notice under the right to manage legislation – necessity to withdraw earlier notice – whether earlier notice invalid by failure to serve copy on qualifying tenants – appeal dismissed

Judges:

Her Honour Judge Walden-Smith

Citations:

[2012] UKUT 74 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.452859

Dixon and Others v Wellington Close Management Company: UTLC 26 Mar 2012

UTLC LANDLORD AND TENANT – variation of lease – validity of application – requirement that not more than 10% of tenants should be opposed to application – whether LVT had wrongly assessed number of tenants opposed to application – held they had not – appeal dismissed – Landlord and Tenant Act 1987 s 37(5)

Citations:

[2012] UKUT 95 (LC)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1987 37(5)

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.452862

Kutchukian v The Free Grammar School of John Lyon: UTLC 1 Mar 2012

LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – terms of acquisition – whether restrictive covenant in headlease should be incorporated in transfer – existence of scheme of management – Leasehold Reform, Housing and Urban Development Act 1993 Schedule 7 para 5 – price to be paid – extent of any enhancement in price attributable to potential for development back to a single house in 2046 – extent of risks regarding ability to obtain vacant possession and carry out such development – how hypothetical purchaser would view such risks – section 61 and Schedule 14 1993 Act

Citations:

[2012] UKUT 53 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.452864

OM Property Management Ltd v Burr: UTLC 26 Jan 2012

UTLC LANDLORD AND TENANT – service charge – Landlord and Tenant Act 1985 s.20B – ‘costs’ are ‘incurred’ when ‘expended’ or ‘become payable’ – gas used from 2001 to 2007 not billed by correct supplier until November 2007 – included in service charge April 2008 – tenant liable

Judges:

Judge Mole QC

Citations:

[2012] UKUT 2 (LC)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985

Jurisdiction:

England and Wales

Cited by:

Appeal from – OM Property Management Ltd v Burr CA 3-May-2013
The claimant managed a development where the respondent was one of the tenants. Through a mix up, the company had failed to collect sufficient sums to discharge communal fuel service charges. They now sought payment of the apportioned but . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.452850

Clarise Properties Ltd, Re Appeal Against Decision of Leasehold Valuation Tribunal: UTLC 17 Jan 2012

LEASEHOLD ENFRANCHISEMENT – dwellinghouse – price – whether correction certificate validly issued – held it had not – whether freehold to be valued in two stages or three – three stage approach held to be appropriate – capitalisation rate for modern ground rent – deferment rate – appeal allowed – price increased to pounds 12,600 – Leasehold Valuation Tribunal (Procedure) (England) Regulations 2003 – Leasehold Reform Act 1967, s9(1)

Citations:

[2012] UKUT 4 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.452848

Gala Unity Ltd v Ariadne Road Rtm Company Ltd: UTLC 25 Oct 2011

LANDLORD AND TENANT – right to manage – buildings forming part only of an estate – flats with rights in common over parts of estate – appurtenant property – whether RTM company entitled to manage such parts – Commonhold and Leasehold Reform Act 2002 ss 79, 80, 96 and 97 – appeal dismissed

Citations:

[2011] UKUT 425 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.449722

Garside and Another v RFYC Ltd and Another: UTLC 15 Sep 2011

UTLC LANDLORD AND TENANT – service charges – whether costs reasonably incurred – whether LVT should have taken into account financial impact on tenants when deciding whether major works should be phased – appeal allowed – Landlord and Tenant Act 1985 s.19

Judges:

Her Honour Judge Alice Robinson

Citations:

[2011] UKUT 367 (LC)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 19

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.445686

Sillvote Ltd v Liverpool City Council: UTLC 14 Jun 2010

UTLC LEASEHOLD ENFRANCHISEMENT – house – price – condition – improvements – risk of tenant claiming Assured Tenancy- statutory assumptions – appeal allowed in part – Price determined at andpound;152,788 – Leasehold Reform Act 1967 section 9(1), Housing Act 1988 section 14(2)(b) and Landlord and Tenant Act 1954 Pt 1

Judges:

P R Francis FRICS

Citations:

[2010] UKUT 192 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.416750

Masri v The Wellcome Trust Ltd: UTLC 12 May 2010

UTLC LANDLORD AND TENANT – service charges – whether LVT had miscalculated service charge costs and had regard to Appellant’s arguments – appeal allowed in part – service charge calculation amended to give effect to LVT decision – Appellant not permitted to pursue set-off claim as a breach of County Court order and abuse of process.

Citations:

[2010] UKUT 138 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.416747

Camden Re Kennistoun House: UTLC 17 Jun 2010

UTLC LANDLORD AND TENANT – service charges – communal heating and hot water system – landlord renewing radiators and pipes in tenants’ flats – whether cost of this properly included in service charge – construction of leases – held cost properly included – appeal allowed

Judges:

The President

Citations:

[2010] UKUT 194 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.425220

Warwickshire Hamlets Ltd and Another v Gedden and Others: UTLC 26 Mar 2010

UTLC SERVICE CHARGES – jurisdiction of leasehold valuation tribunal – construction of lease – whether rent payable by a management company in respect of the common parts recoverable as part of the service charge – Limitation Act 1980 s.21

Citations:

[2010] UKUT 75 (LC)

Links:

Bailii

Statutes:

Limitation Act 1980 21

Jurisdiction:

England and Wales

Cited by:

Cited – Parissis v Blair Court St Johns Wood Management Ltd UTLC 11-Nov-2014
UTLC LANDLORD AND TENANT – service charges – application by tenant under section 27A of the Landlord and Tenant Act 1985 for a determination of the service charges payable in respect of periods more than six . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Limitation

Updated: 26 May 2022; Ref: scu.415011

Fitzgerald, Re Flat 3 49-51 Cheval Place: UTLC 10 Feb 2010

UTLC LEASEHOLD ENFRANCHISEMENT – costs – valuation fee – freeholder agrees to pay a fee within a fixed range for initial valuation and similar fee for subsequent negotiations – whether agreed fee reasonable for valuation or whether it should be based on hourly rate – Leasehold Reform, Housing and Urban Development Act 1993, s60(1)

Citations:

[2010] UKUT 37 (LC)

Links:

Bailii

Statutes:

Leasehold Reform, Housing and Urban Development Act 1993 60(1)

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.414993

Craighead v Homes for Islington Ltd and Another: UTLC 24 Feb 2010

UTLC LANDLORD AND TENANT – service charges – whether landlord’s source of funding relevant to leaseholders’ liabilities – whether ‘blanket policy’ against discretionary relief relevant to whether service charge payable – whether replacement windows were repairs or improvements – appeal dismissed – sections 19, 20A and 27A Landlord and Tenant Act 1985 – section 219 Housing Act 1996 – The Social Landlords Discretionary reduction of Service Charges (England) Directions 1997

Judges:

A J Trott FRICS

Citations:

[2010] UKUT 47 (LC)

Links:

Bailii

Statutes:

The Social Landlords Discretionary reduction of Service Charges (England) Directions 1997, Landlord and Tenant Act 1985 20A 27A, Housing Act 1996 219

Jurisdiction:

England and Wales

Citing:

Cited – Rapid Results College Ltd v Angel CA 1986
There is no presumption in construing a lease that the service charge provisions will enable the landlord to recover all of his expenditure. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.414991

Sherwood Hall (East End Road) Management Co Ltd v Magnolia Tree Ltd: UTLC 10 Sep 2009

UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – price – deferment rate – whether departure from Sportelli starting point justified for 88 year reversions – additional value, if any, attributable to developable land – appeal allowed on development value – price reduced from pounds 248,825 to pounds 205,000.

Citations:

[2009] UKUT 158 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.415033

Morris, Re: Flat 4 187 Goldhurst Terrace: UTLC 30 Dec 2009

UTLC LANDLORD AND TENANT – service charges – preliminary issue – whether tenant entitled to contend that credit for earlier years be set off against amounts claimed in subsequent years – held that he was – appeal allowed

Citations:

[2009] UKUT 290 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.415049

Glass v McCready: UTLC 16 Jul 2009

UTLC LANDLORD AND TENANT – alleged breach of covenant to insure – whether LVT has jurisdiction to consider an application under Commonhold and Leasehold Reform Act 2002 section 168(4) where unpaid insurance premium is less than andpound;500.

Citations:

[2009] UKUT 136 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.373413

Westleigh Properties Ltd v Christie and Others: UTLC 14 Jul 2009

UTLC LANDLORD AND TENANT – LVT procedure – refusal to grant adjournment – not in breach of natural justice
LEASEHOLD ENFRANCHISEMENT – terms of transfer – application for permission – section 24 Leasehold Reform Act 1993 – service charge outstanding – whether LVT entitled to consider reasonableness of charge – permission refused

Citations:

[2009] UKUT 129 (LC)

Links:

Bailii

Statutes:

Leasehold Reform Act 1993 24

Jurisdiction:

England and Wales

Landlord and Tenant, Natural Justice

Updated: 26 May 2022; Ref: scu.373421

Mehson Property Co Ltd v Pellegrino: UTLC 1 Jul 2009

UTLC LANDLORD AND TENANT – Administration Charges – charge made by landlord for entering into a deed varying the lease so as to remove perceived defects therein – whether such charge an Administration Charge – Commonhold and Leasehold Reform Act 2002 Schedule 11.

Citations:

[2009] UKUT 119 (LC)

Links:

Bailii

Statutes:

Commonhold and Leasehold Reform Act 2002

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.373415

London Borough of Redbridge v Tuohy and Others: UTLC 11 Jun 2009

UTLC LANDLORD AND TENANT – service charges – whether any sustainable reason given by LVT for the imposing of a 5% limit upon the increase in the recoverable costs of cleaning – whether landlord had given sufficient reasons for the increase.

Citations:

[2009] UKUT 105 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.373409

Ellis v Circle 33 Housing Trust Ltd: CA 23 Sep 2005

The housing association obtained a possession order for rent arrears. The tenant had not attended, and had taken no steps in the matter. The association had corresponded with the housing benefit department of the local authority which had said that the respondent was claiming housing benefit and that an overpayment was to be reclaimed from him. The tenant was evicted, but having persuaded the authority that they had it wrong, he appealed the eviction order and to be re-admitted. On appeal the judge held that the execution of the warrant oppressive because further enquiries should have been made as to why benefit had been stopped, and that it was possible to set the warrant aside even after the eviction. The association appealed.
Held: The appeal succeeded. Though Parliament recognised that a tenant should not be evicted where an alternative existed, at some point the tenant’s right to relief against eviction must stop. Landlords must be able to relet safely. If not much-needed social housing would remain empty fearing a possible reinstatement. After eviction the order would not be set aside unless it had been obtained by fraud, or unless its execution was oppressive or involved an abuse of process. It was necessary to show that the process had been misused so that the tenant had not been afforded the protection that he or she should have had. No abuse had been shown. The appellant had done all that was required, and had properly relied on the authority. The tenant’s non-co-operation made any progress impossible. Further enquiries would not have produced a different result.

Judges:

Ward, Chadwick and Moore-Bick LJJ

Citations:

[2005] EWCA Civ 1233

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Jephson Homes Housing Association v Moisejevs and Another CA 1-Nov-2000
A possession warrant, properly issued and executed in ignorance of a payment into court by the tenant was not an abuse of process. The tenant had paid funds into court in the mistaken belief that this would be effective to set aside the warrant. She . .
Cited – Mayor and Burgesses of London Borough of Camden v Akanni CA 31-Jan-1997
The context in which the court is willing in a rare, but appropriate, case to intervene to nullify the execution of a warrant for possession goes back to the principles set out in McHenry v Lewis. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.231075

Egerton v Rutter: CA 1951

A tenant of an agricultural holding died intestate leaving her son and daughter in actual possession. Almost two months after the tenant’s death and before any Grant of Letters of Administration the landlord served a notice to quit addressed to the executors of the late tenant. The son and daughter received the notice. They claimed to be in possession as tenant and had paid the rent.
Held: The notice could properly have been served on the President of Probate, Divorce and Admiralty Division as the temporary tenant under the Administration of Estates Act 1925 but that on the facts the son and daughter could be regarded as agents for that President. There was thus service on an agent of the tenant within section 92(3). Even a wrongly addressed notice, so long as it came to the attention of the person most likely, in practical terms, to be most affected by it, was to be considered valid. Alternatively, the fact that notice had been addressed to the executors of the late tenant was mere ‘falsa demonstratio’; the position was obvious and no-one was misled into thinking that it could have been addressed to anyone but ‘those really interested, namely, the defendants who were in possession’.

Judges:

Lord Goddard CJ

Citations:

[1951] 1 KB 472

Jurisdiction:

England and Wales

Cited by:

Followed – Wilbraham v Colclough and others 1952
. .
Cited – Lodgepower Ltd v Taylor CA 22-Oct-2004
The claimant was a tenant of agricultural land. He sought repairs, and served a notice on the executors of the now deceased landlord, but only later were letters of administration granted to the defendants. The judge had found the service of the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 26 May 2022; Ref: scu.218726